Bill Text: HI HB1572 | 2022 | Regular Session | Introduced
Bill Title: Relating To Search And Rescue.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2022-01-26 - Referred to WAL, JHA, FIN, referral sheet 1 [HB1572 Detail]
Download: Hawaii-2022-HB1572-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1572 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to search and rescue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 137, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§137-A Hike safe card program. (a)
The department of land and natural resources shall establish a hike safe
card program and shall make a hike safe card available for purchase to the public.
The department of land and natural resources
shall adopt rules pursuant to chapter 91 to carry out the purposes of this section.
(b) The annual fee for a hike safe card shall be no
less than $25 for an individual and no less than $35 for a family and shall be
valid for one year from the date of purchase. All proceeds from the sale of hike safe cards shall
be deposited into the search and rescue special fund established pursuant to section
137-B.
For the purposes of this subsection,
"family" includes the purchaser and the purchaser's spouse and minor children,
including legally adopted children or stepchildren.
§137-B Search and rescue special fund. (a) There is established in the state treasury
the search and rescue special fund to be administered by the department of land
and natural resources.
(b) The
following shall be deposited into the search and rescue special fund:
(1) Appropriations
from the legislature; and
(2) Proceeds from
the sale of hike safe cards pursuant to section 137-A.
(c) The search and rescue special fund shall be used
for the following purposes:
(1) Defraying the
search and rescue expenses of a government entity; and
(2) Paying administrative costs related to the hike safe card program pursuant to section 137-A."
SECTION 2. Section 137-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§137-2[]] Reimbursement. (a)
Whenever any government entity engages in a search or rescue operation
for the purpose of searching for or rescuing a person, and incurs search and rescue
expenses therein, the government entity may seek reimbursement from the
following:
(1) The person on whose behalf search or rescue operations were conducted, including the person's estate, guardians, custodians, or other entity responsible for the person's safety;
(2) A person who ultimately benefited from a search or rescue operation by being rescued; or
(3) Any entity
responsible for placing the person in the position of danger for which the
search or rescue operation was initiated.
[(b) Reimbursement under subsection (a) shall be
allowed only if the need for search or rescue was caused by any act or omission
by the person searched for or rescued, constituting intentional disregard for
the person's safety, including, but not limited to, intentionally disregarding
a warning or notice.]
(b) A government entity shall seek reimbursement for
all or a portion, but no less than half, of search or rescue expenses from all applicable
persons or entities pursuant to subsection (a) if the need for the search or
rescue was:
(1) The
result of the person:
(A) Leaving
a hiking trail and entering state, county, or private property that is closed to
the public and is marked with a sign, or for which a notice was posted on the applicable
state or county website, giving reasonable notice of the closure; or
(B) Entering
a hiking trail that is closed to the public and marked with a sign, or for which
a notice was posted on the applicable state or county website, giving reasonable
notice of the closure; or
(2) Caused by any act
or omission by the person that any reasonable person would consider to be reckless.
(c) Reimbursement pursuant to this section shall not apply to a person, or their family as defined in section 137-A, who purchased a hike safe card pursuant to section 137-A unless the search and rescue response was caused by any act or omission by the person or their family that any reasonable person would consider to be reckless."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval and shall be repealed on June 30, 2025; provided that section 137-2, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.
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INTRODUCED BY: |
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Report Title:
Hiking Trails; Search and Rescue; Trespassing; Penalty; Hike Safe Card; Search and Rescue Special Fund
Description:
Establishes the hike safe card program and search and rescue special fund to be administered by the department of land and natural resources. Requires government entities to seek reimbursement for all or a portion of search and rescue expenses for persons who require rescue after leaving a hiking trail to enter a prohibited area or hiking on a trail closed to the public and persons who acted recklessly. Exempts persons who possess a hike safe card from search and rescue cost reimbursement, unless a search and rescue response is required due to a reckless act or omission. Repeals on 6/30/2025.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
